[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Proposed Rules]
[Pages 41982-41984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17908]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-233]
RIN 1625-AA00


Safety Zone; Head of the Cuyahoga Regatta, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone for the 
annual Head of the Cuyahoga Regatta in Cleveland, Ohio. This safety 
zone is necessary to control vessel traffic within the immediate 
location of the regatta and to ensure the safety of life and property 
during the event. This safety zone is intended to restrict vessel 
traffic from a portion of the Cuyahoga River.

DATES: Comments and related material must reach the Coast Guard on or 
before August 15, 2003.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office Cleveland (CGD09-03-233), 1055 East Ninth Street, 
Cleveland, Ohio 44114. Marine Safety Office Cleveland maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and available 
for inspection or copying at Coast Guard MSO Cleveland between 8 a.m. 
and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Allen Turner, U.S. Coast 
Guard Marine Safety Office Cleveland, at (216) 937-0128.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD09-03-
233), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please include a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard MSO Cleveland at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Head of the Cuyahoga Regatta will take place annually on the 
Cuyahoga River. A permanent safety zone will be established on the 
Cuyahoga River to protect competitors and course markings from 
recreational and commercial vessels, and to prevent interference with 
the competition. The safety zone will only be activated during the 
regatta.

Discussion of Proposed Rule

    The safety zone will be activated annually on the third Saturday of 
September from 8 a.m. until 5 p.m. The safety zone will encompass the 
Cuyahoga River from Collision Bend down river to the mouth of the 
confluence with the Old River. In order to minimize the impact on 
commercial waterway users, commercial vessels will be allowed to 
transit the safety zone between the hours of 11 a.m. and 1 p.m. 
Recreational vessels will be allowed to transit the safety zone during 
the regatta with an escort by the event sponsor or the Coast Guard.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed this 
rule under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Homeland Security. We 
expect the economic impact of this proposed rule to be so minimal that 
a full Regulatory Evaluation under of the regulatory policies and 
procedures of DHS is unnecessary.
    This determination is based on the short amount of time that 
vessels will be restricted from the zones, and the actual location of 
the safety zones within the waterways.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of commercial 
vessels intending to transit a portion of the activated safety zone.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
proposed zone is only in effect for a few hours on

[[Page 41983]]

the day of the event and there is a substantial break during the event 
to allow commercial vessel transits. Recreational vessels can safely 
pass through the proposed safety zones during the event under sponsor 
or Coast Guard escort. Before the activation of the safety zone, the 
Coast Guard will issue maritime advisories available to users who may 
be impacted through notification in the Federal Register, the Ninth 
Coast Guard District Local Notice to Mariners, and through Marine 
Information Broadcasts. Additionally, the Coast Guard has not received 
any reports from small entities negatively affected during previous 
events.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects and participate in the rulemaking process. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Marine Safety Office Cleveland 
(see ADDRESSES).

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This rule is not an economically significant rule and 
does not concern an environmental risk to health or risk to safety that 
may disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use. We have determined that it is not 
a ``significant energy action'' under that Order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. It has not been designated by the 
Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
under Commandant Instruction M16475.1C, which guides the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321-4370f), and have concluded that there are no factors in 
this case that would limit the use of categorical exclusion under 
Section 2.B.2 of the Instruction. Therefore, this rule is categorically 
excluded under Figure 2-1, paragraph 35(a) of the Instruction, from 
further environmental documentation. A written categorical exclusion 
determination is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1

    .2. Add Sec.  165.920 to read as follows:


Sec.  165.920  Safety Zone; Head of the Cuyahoga Regatta, Cleveland, OH

    (a) Location. The following area is a safety zone: All navigable 
waters of the Cuyahoga River between the positions 41[deg]29'19'' N, 
081[deg]42'30'' W (Collision Bend) and 41[deg]29'55'' N, 
081[deg]42'24'' W (confluence with the Old River). These coordinates 
are based upon North American Datum (NAD 1983).
    (b) Enforcement period. This section will be enforced annually on 
the third Saturday of September from 8 a.m. until 5 p.m.
    (c) Regulations. No vessel shall enter, transit through, or anchor 
within this Safety Zone unless authorized by the Captain of the Port, 
Cleveland or his designated on-scene representative. Commercial vessels 
may transit through the safety zone from 11 a.m. until 1 p.m. 
Recreational vessels may transit the safety zone during the event under 
escort by the event sponsor or the Coast Guard. Permission to deviate 
from the above rules must be obtained from the Captain of the Port or 
the Patrol Commander via VHF/FM radio, Channel 16 or by telephone at 
(216) 937-0111. All persons must comply with the instructions of the 
Captain of the Port or his or her designated representative.


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    Dated: June 30, 2003.
Lorne W. Thomas,
Commander, Coast Guard, Captain of the Port Cleveland.
[FR Doc. 03-17908 Filed 7-15-03; 8:45 am]
BILLING CODE 4910-15-P